Public Call for Priority Publications for Power Generation Permits in Mexico

Mexico's Ministry of Energy (Secretaría de Energía or SENER) sent to the National Commission for Regulatory Improvement a "Public Call for Priority Processing of Power Generation and Interconnection Permit Applications to the National Grid," aligned with binding planning (the Call).

Background

Following the constitutional reforms published in October 2024 and the amendments to the energy sector issued in March 2025 and October 2025, a new regulatory framework has been established, granting SENER a leading role in the planning and control of the National Grid (Sistema Eléctrico Nacional or SEN), as well as providing the public transmission and distribution service.

Accordingly, the Electric Sector Law (Ley del Sector Eléctrico or LESE) and its regulations, together with the Regulations of the Law on Planning and Energy Transition, grant SENER and the National Energy Commission (Comisión Nacional de Energía or CNE) the authority to coordinate the expansion of the SEN through public calls for generation permits. In compliance with Article Twenty-One Transitory of the Regulations of the Electric Sector Law (Reglamento de la Ley del Sector Eléctrico or RLESE), such calls aim to incorporate strategic and priority projects into the binding planning framework of the electric sector through 2030.

Key Considerations

Binding Planning of the Energy Sector

The Call is part of the mechanisms established by SENER for the development of strategic and priority projects aligned with the binding planning of the electric sector, addressing the country's energy needs in accordance with the Electric Sector Development Plan.

In this regard, the Call establishes a priority order for the processing of new generation projects exceeding 0.7 megawatts (MW) that intend to interconnect to the SEN, as proposed by private parties through the submission of an expression of interest for the granting of a generation permit.

Accordingly, permit applications shall 1) be located in the regions defined in the technical annex, 2) comply with technical, technological and Commercial Operation Start Date requirements, and 3) demonstrate technical, social and environmental feasibility, as applicable, through supporting documentation.

Further Considerations

• Interpretation and Jurisdiction: SENER will be responsible for reviewing, addressing and resolving all matters related to the Call, with the CNE assisting in permit matters and the National Center for Energy Control (Centro Nacional de Control de Energía or CENACE) in interconnection studies.
• Generation Capacity: Generation capacity should be expressed in MW with two decimals; in case of differences between words and figures, the numerical figure prevails.
• Commercial Operation Date: The commercial operation date should align with the terms established in the technical exhibit. However, it may occur earlier if the applicable regulatory requirements are met.
• Projects Not Awarded: Projects that do not obtain a permit under the Call may apply under the LESE, RLESE or further calls, provided they meet applicable requirements and align with binding planning.
• Prior Applications: Applicants who have previously submitted applications may request a review under the provisions of the Call. If a permit is granted through this process, they shall withdraw any prior applications filed before the CNE.
• Filling System: The Unique Filing System for Strategic Energy Projects (Ventanilla Única de Proyectos Estratégicos del Sector Energético or VUPE) is enabled for applicants to register projects and request interconnection studies. The system also allows users to track application progress, report administrative updates and receive notifications related to the Call.

However, the Electronic Filing Office (Oficialía de Partes Electrónica or OPE) of the CNE remains the formal channel for submitting generation permit applications and handling related actions, including filings, notifications and procedural acts.

Participation Requirements

Under the Call, interested parties should 1) submit their interest together with an interconnection assessment request before CENACE, 2) provide proof of payment for interconnection assessments through the VUPE, and 3) once these steps are completed, submit the formal generation permit application through the OPE.

Final Comments

Following the Call's publication in the Federal Register, applicants will have from Oct. 20, 2025, to Oct. 24, 2025, to register their interest through VUPE. Once the required information is submitted, the CNE Technical Committee will approve permit applications on Dec. 10, 2025.

Furthermore, CENACE will temporarily suspend all interconnection assessment processing timelines, both ongoing and new requests submitted during the Call's validity, to prioritize projects filed under this process.

Accordingly, it is our understanding that SENER, CNE and CENACE will only process projects located in the regions identified in the technical exhibit, as these are considered a priority for the SEN.

Regarding the permit titles, holders should inform their financing structure within six months of the permit notification, submit the required guarantees before CENACE, obtain social and environmental impact authorizations and commence construction operations within six months of such approvals. Furthermore, the Call prohibits the assignment of permits until the commercial operation date of the project.

Finally, as anticipated by the RLESE, the Call also allows for participation by applicants seeking to migrate existing permits to the LESE framework, following the procedures established under the applicable regulations.

The team of professionals at Holland & Knight can assist in understanding the implications arising from the publication of the Call, its forthcoming publication in the Federal Register (Diario Oficial de la Federación or DOF), and in identifying strategic implications and necessary actions to align your projects with the new regulatory framework.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.